Weber v. Peller

Plaintiff commenced this action against defendants in December 2007 seeking damages arising out of defendants’ alleged breach of contract. In February 2008, in lieu of answering, defendants moved to dismiss the complaint. Following oral argument, by order entered May 28, 2008, County Court denied defendants’ motion. Although defendants were served with notice of entry of the May 2008 order on June 9, 2008, instead of serving an answer, they filed a notice of appeal.1

Plaintiff subsequently successfully moved for a default judgment and, in May 2009, a default judgment was entered against…